How Do I Register a Property Trust in Ogun for Diaspora Investors?
Introduction
As a Nigerian in the diaspora or a foreign investor looking to secure real estate investments in Ogun State, you may be wondering:
“How can I protect my land or property if I’m not physically present?”
One powerful solution is a Property Trust.
A property trust allows you to legally protect, manage, and transfer your land or property — without fear of loss, family disputes, or fraud — while living abroad.
This article walks you through:
What a property trust is,
Why it’s important for diaspora investors,
The step-by-step process to register one in Ogun State,
Legal requirements,
Tax considerations, and
How to appoint a trustee in Nigeria.
Whether you own land already or are planning to buy soon, setting up a trust may be one of the most secure, long-term solutions for managing your investment remotely.
What Is a Property Trust?
A property trust is a legal arrangement where one party (the trustee) holds property on behalf of another party (the beneficiary) under a set of defined rules (the trust deed).
Key Parties:
Settlor (You): The person who owns the property and sets up the trust.
Trustee: The person or institution (like a lawyer or trust company) who manages the property.
Beneficiary: The person or people who benefit from the property (your children, spouse, heirs, etc.).
Why Should Diaspora Investors Consider a Property Trust?
| Benefit | Explanation |
|---|---|
| Security of Ownership | Your land or property is protected from fraud, illegal sale, or family disputes. |
| Remote Management | Trustees manage your property on your behalf. |
| Estate Planning | You can ensure your family or children inherit the property seamlessly. |
| Asset Protection | Shields your property from creditors or unauthorized claims. |
| Avoid Court Battles | Minimizes future family conflict over inheritance or land use. |
Is Property Trust Legal in Nigeria & Ogun State?
Yes.
Property trusts are recognized under Nigerian Trust Law and can be registered under:
The Trustee Law of Ogun State, and
The Companies and Allied Matters Act (CAMA 2020) for corporate trustees.
You can register your trust with:
The Ogun State High Court, and
The Corporate Affairs Commission (CAC) if a corporate trustee is involved.
Step-by-Step: How to Register a Property Trust in Ogun for Diaspora Investors
Step 1: Hire a Real Estate or Trust Lawyer
Choose a registered Nigerian legal practitioner with trust and property experience.
Preferably based in Ogun State.
Step 2: Prepare the Trust Deed
This legal document outlines:
Who the trustee is.
Who the beneficiaries are.
The powers, duties, and limitations of the trustee.
What happens if you pass away or become incapacitated.
Terms of termination or succession.
Your lawyer will help draft this document according to Ogun trust law.
Step 3: Appoint a Trustee
You can appoint:
An individual (family member, friend, or lawyer).
A corporate trustee (e.g., law firm or registered trustee company).
A dual-trustee system (e.g., one lawyer + one family member).
Trustee must:
Be over 18 years.
Be mentally capable and of sound character.
Agree in writing to the appointment.
Step 4: Stamp and Register the Trust Deed
Your lawyer will:
Take the trust deed to the Stamp Duties Office for stamping.
File it at the High Court of Ogun State for official registration.
Pay any government fees or registration charges.
If you’re using a corporate trustee, additional registration is done with the CAC under Part F of CAMA.
Step 5: Transfer the Property to the Trustee
You’ll sign a Deed of Assignment or Deed of Gift transferring the property to the trustee “in trust” for the beneficiaries.
This document must also be registered at the Ogun State Land Registry.
Key Legal Documents Needed
| Document | Purpose |
|---|---|
| Trust Deed | Defines the trust’s terms and roles |
| Deed of Assignment or Gift | Transfers the property into the trust |
| Letter of Acceptance | Trustee signs to accept responsibility |
| Identification & CAC Documents | For trustees and beneficiaries |
| Land Ownership Documents | C of O, Deed of Assignment, Survey, etc. |
Tax & Regulatory Considerations
Stamp Duty: Trust deeds attract stamp duty in Nigeria.
Capital Gains Tax (CGT): May apply on transfer of ownership into the trust.
Annual Property Tax: The trustee is responsible for property taxes.
Filing Obligations: Trusts (especially corporate) may be required to file annual returns.
Note: A good tax lawyer or accountant can help you avoid unnecessary tax exposure.
Can I Create a Property Trust While Living Abroad?
Yes, absolutely.
Even if you live in the U.K., U.S., Canada, or elsewhere, you can:
Appoint a lawyer via Power of Attorney.
Have the trust documents notarized abroad and legalized at a Nigerian Embassy.
Send documents to Nigeria for registration and execution.
Monitor everything remotely via Zoom, email, and WhatsApp.
Mistakes to Avoid When Setting Up a Trust
Using an unqualified or unverified trustee
Failing to register the trust legally
Creating vague or contradictory trust terms
Not informing your family or heirs
Failing to update the trust after major life events (marriage, death, divorce)
Tips for Choosing the Right Trustee
Choose someone with legal, financial, or real estate knowledge.
Look for honesty, integrity, and accountability.
Avoid appointing someone who may have conflicting interests.
Consider using a law firm or corporate trustee for professional oversight.
Can I Name My Children as Beneficiaries?
Yes.
Your trust can name:
Your children (even if underage)
Your spouse or dependents
A business or foundation
Even yourself — in case you want to retain life use before passing it on
You can also define:
When and how beneficiaries receive property
Conditions for inheritance (e.g., reaching age 25)
Real-Life Example: How Tosin in Canada Protected Her Mowe Property
Tosin bought two plots in Mowe while living in Canada.
Instead of registering it in her name alone, she:
Created a property trust
Appointed her real estate lawyer as trustee
Named her 2 daughters as beneficiaries
Registered everything with Ogun State High Court and Land Registry
Now, her property is legally protected, and her heirs have guaranteed ownership — even if she never returns to Nigeria.
Checklist: Registering a Property Trust in Ogun
Hire a trust and property lawyer
Draft a legally sound trust deed
Appoint reliable trustee(s)
Register trust deed at Ogun High Court
Transfer land into the trust via deed
Register transfer at Ogun Land Registry
Keep updated copies and inform beneficiaries
Call to Action
Ready to secure your land in Ogun State with a legal trust?
Let us help you:
Draft a professional trust deed
Appoint reliable trustees
Register your trust and title safely
Protect your property for generations
Contact our legal team today to begin your Property Trust Registration — whether you’re in Nigeria or abroad.
Own it. Protect it. Pass it on — the legal way.